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2016-29295 Reso RESOLUTION NO. 2016-29295 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING JOHN C. DELLAGLORIA, ESQ. TO SERVE AS A SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD FOR A ONE YEAR PERIOD, ENDING MARCH 10, 2017 WITH RENEWAL OPTIONS, AND SETTING THE COMPENSATION AT $150.00, PER HOUR, WITH A MAXIMUM PAYMENT OF $750.00, PER CASE. WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a process for the review of decisions rendered by the Historic Preservation Board has been established under City of Miami Beach Code, Section 118-537(b)(3); and WHEREAS, affected parties have the right to seek a review by a Special Master appointed by the City Commission of projects approved by the Historic Preservation Board; and WHEREAS, John Dellagloria, is a uniquely qualified individual, based upon his experience with the City Code, and in particular, with the City's historic preservation code, and as a practicing attorney, and former City of Miami Beach Chief Deputy City Attorney, is able to review decisions rendered by the Historic Preservation Board; and WHEREAS, the City has established compensation for the position at a rate of $150.00, per hour, with a maximum payment of$750.00, per case; and WHEREAS, the City may hire more than one historic preservation special master, and it is important for the City to ensure that the City has more than one historic preservation special master to ensure an unbiased review process. - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mr. John Dellagloria, is hereby reappointed to serve as a Special Master for appeals of decisions of the City's Historic Preservation Board for a one (1) year period, expiring on March 10, 2017 with renewal options and setting his compensation at the base rate of $150.00, per hour, with a maximum payment of $750.00, per case. PASSED AND ADOPTED this 10th day of February 2016. ATTEST: Z t1 Rafa- E. Granado, City Clerk Philip Lev,/-:-Mayor APPROVED AS TO FORM&LANGUAGE 81-FOR EXECUTION T:\AGENDA\2016\February\City Clerk\HPB Special Master\Resolution on HPB SM John Dellagloria Adopted as A ended 3-11-15.docx C ?•) j_C75 Z City Attorney Date COMMISSION ITEM SUMMARY Condensed Title: A resolution reappointing John C. Dellagloria, Esq. to serve as a Special Master for appeals of Historic Preservation Board decisions. Key Intended Outcome Supported: Protect Historic Building Stock. Supporting Data (Surveys, Environmental Scan, etc.): In the 2014 Community Satisfaction Survey, 74% of the residents who had sufficient knowledge about historic preservation gave it positive ratings; and 77% of business owners rated the City of Miami Beach's historic preservation efforts as very or somewhat effective. Item Summary/Recommendation: John C. Dellagloria is qualified to serve as a Special Master for appeals of Historic Preservation Board decisions, based upon his experience with the City Code, and in particular with the City's Historic Preservation Code. As a practicing attorney, and former City Attorney for the City of North Miami and South Miami, Mr. Dellagloria is able to review decisions rendered by the Historic Preservation Board. If reappointed, Mr. Dellagloria will be one of two Special Masters hearing appeals of decisions of the City's Historic Preservation Board;the second being Mr.Warren Bittner. It is important for the City to have more than one Historic Preservation Special Master to ensure an unbiased review process. Based on Mr. Dellagloria's knowledge, skills and attributes, the City Attorney and the City Manager recommend that Mr. Dellagloria be reappointed for a one (1) year term, expiring on March 10, 2017; and setting his compensation at$150.00 per hour with a maximum payment of $750.00 per case. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $150.00/hour 011-0210-000312 maximum $750 per case. 2 fr 3 OB•7111 Total $3,000 011-0210-000312 Financial Impact Summary: In FY 2015, there were 4 such HPB appeals, and payments of $500 were made to the Special Master for each decision, for a total of$2,000. City Clerk's Office Legislative Tracking: Rafael E. Granado, City Clerk Sign-Offs: De ent irector City Attorney ity Manager REG RJA ri I JM T:\AGENDA\2016\February\City Clerk\HPB Special Ma ter\Iellagloria Item Summary.doc MIAMI BEACH AGENDA ITEM R-1 DATE MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o 4 the City •, mission r FROM: Jimmy L. Morales, City Manager �,, , 1 •\ Raul J. Aguila, City Attorn ) ' ■ DATE: February 10, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING JOHN C. DELLAGLORIA, ESQ.TO SERVE AS A SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC PRESERVATION BOARD FOR A ONE YEAR PERIOD, ENDING MARCH 10, 2017,AND SETTING THE COMPENSATION AT$150.00, PER HOUR, WITH A MAXIMUM PAYMENT OF $750.00, PER CASE. ADMINISTRATION RECOMMENDATION Reappoint Mr.John C. Dellagloria, Esq.to serve as Special Master for appeals of decisions of the City's Historic Preservation Board. BACKGROUND City of Miami Beach City Code Section 118-537(b)(1), provides that the applicant, the owner(s) of the subject property, the City Manager, Miami Design Preservation League, Dade Heritage Trust, or an affected person may appeal the decisions of the Historic Preservation Board to a Special Master appointed by the City Commission. Pursuant to Miami Beach City Code Section 118-537(b)(3),the Special Masters appointed to hear such appeals shall be attorneys who are members in good standing with the Florida Bar and have expertise in the area of historic preservation. Special Masters shall serve terms of three years, provided however, that they may be removed without cause upon a majority vote of the City Commission. On the determination of City Attorney Raul J.Aguila that John C. Dellagloria possesses the knowledge, skills and attributes to perform as a Special Master pursuant City Code Section 118-537(b)(3), and my concurrence with such determination, I am recommending Mr. Dellagloria's reappointment as the Special Master for Appeals of Decision of the City's Historic Preservation Board for an additional term of one year. Mr. Dellagloria began serving in this position on March 12, 2015; and his term ends on March 10, 2016. Mr. Dellagloria also serves as the General Counsel for the Palm Bay Community Redevelopment Agency; a position he has held since October 2007. Mr. Dellagloria also served as General Counsel to the South Miami Community Redevelopment Agency and to the Miami Beach Housing Authority. Mr. Dellagloria has vast municipal experience, having served as City Attorney for the City of North Miami from November 1995 to October 2004. Mr. Dellagloria also served as Chief Deputy City Attorney for the City of Miami Beach, City Attorney for South Miami and Deputy City Attorney for the City of North Miami Beach. Mr. Dellagloria is a faculty member at the University of Miami School of Business,teaching undergraduate and graduate sections of Business Law and Real Estate Law. In 2004, Mr. Dellagloria received the Excellence in Teaching Award at the University of Miami. Mr. Dellagloria received his Juris Doctorate from the University of Miami School of Law in 1979; and a Bachelor of Arts in English Literature form the State University of New York at Binghamton in 1976. Mr. Dellagloria is the recipient of numerous professional awards, and is the co-author, with the Honorable Alan R. Schwartz, Chief Judge of the Third District Court of Appeal, of the 1980 Supplement to Productions Liability in Florida. A copy of Mr. Dellagloria's curriculum vitae is attached hereto. If reappointed, Mr. Dellagloria will be one of two Special Masters appointed to hear appeals of decisions of the City's Historic Preservation Board;the second being Mr. Warren Bittner. CONCLUSION Mr. Dellagloria is a uniquely qualified individual, based upon his experience with the City Code, and in particular with the City's Historic Preservation Code. As a practicing attorney, and former City of Miami Beach Deputy City Attorney, Mr. Dellagloria is able to review decisions rendered by the Historic Preservation Board. The City may hire more than one Historic Preservation Special Master,and it is important for the City to have more than one Historic Preservation Special Master to ensure an unbiased review process. Based on Mr. Dellagloria's knowledge, skills and attributes the City Attorney and I recommend that Mr. Dellagloria be reappointed for a one (1)year term, expiring on March 10, 2017; and setting his compensation at $150.00 per hour with a maximum payment of $750.00 per case. JM/RJA/REG T:\AGENDA\2016\February\City Clerk\HPB Special Master\Dellagloria Commission Memo.doc J. JOHN C.DELLAGLORIA Professional Experience John C. Dellagloria, P.A. October 2004—Present. Full-Time Lecturer, University of Miami School of Business January 1982—December 2011 Faculty for under aduate and graduate sections of Business Law and Real Estate Law at the University of Miami School Of Business. Recipient of the 2004 Excellence in Teaching Award. General Counsel, Palm Bay Community October 2007-May 2011 Redevelopment Agency City Attorney, City of North Miami November 1995 - October 2004 General Counsel, South Miami Community Redevelopment Agency October 1999 -February 2002 General Counsel, Miami Beach Housing Authority January 1997 - July 2000 Chief Deputy City Attorney, City of Miami Beach March 1990 -February 1996 City Attorney, City of South Miami December 1986 - May 1990 Deputy City Attorney, City of North Miami Beach January 1983 - December 1986 Senior Associate, Cassel & Cassel, P.A. March 1981 - January 1983 Law Clerk, Honorable Alan R. Schwartz February 1980- March 1981 Chief Judge, Third District Court of Appeal Education University of Miami School of Law J.D., 1979 Recipient: Book Award: Conflict of Laws: Spring 1978 Book Award: Advanced Criminal Procedure: Spring 1978 Book Award: Insurance Law: Summer 1978 State University of New York at Binghamton B.A. English Literature, 1976 1 Professional Activities Co-Author,with the Honorable Alan R. Schwartz,Chief Judge Third District Court of Appeal Supplement to Products Liability in Florida(1980)(Continuing Legal Education outline series) AV Martindale Hubble Rating Alumnus Member, Eugene P. Spellman American Inn of Court 2004, Excellence in Teaching Award, U. of Miami School of Business 2004, 2005 Top Government Lawyer, South Florida Legal Guide Who's Who in American Law Who's Who in America Who's Who in American Education Lecturer,University of Miami L.L.M. Real Property Program Lecturer, Florida Bar, Government Law Section Moderator, Rachlin, Cohen &Holtz, Annual Government Law Symposium Personal: Married to Marilyn C. Dellagloria; two children, Rebecca and Caitlin. 2